23 hours ago, KittenKong said:

Pretty much any sane adult is OK: up to three each. Committee members and management etc are not allowed to hold any.

Thank you very much !!! 

I am sure that the developer did not pay the maintanace fee to our Bank Account,....do we have the right to check this ??

If he did not pay,....how to go on in a "gentle" way ???

greetings 

Chris 

Just now, Chris Po said:

I am sure that the developer did not pay the maintanace fee to our Bank Account,....do we have the right to check this ??

If he did not pay,....how to go on in a "gentle" way ???

Part of the financial report should include the number of units paid up and those outstanding. In fact that should be included in your monthly cash-flow report too. This can be presented in different ways but you are entirely entitled to ask the JPM what the status of it is. The JPM is responsible for chasing such debts. They are usually cagey about naming names but in theory at least you can insist.
The report should also include details of your bank balances.

The committee should be monitoring this but you dont have one.
Of course if the JPM is in bed with the developer then it all falls down.

3 hours ago, KittenKong said:

Part of the financial report should include the number of units paid up and those outstanding. In fact that should be included in your monthly cash-flow report too. This can be presented in different ways but you are entirely entitled to ask the JPM what the status of it is. The JPM is responsible for chasing such debts. They are usually cagey about naming names but in theory at least you can insist.
The report should also include details of your bank balances.

The committee should be monitoring this but you dont have one.
Of course if the JPM is in bed with the developer then it all falls down.

Yes it can be that they are "in bed" with each other,.... ! 

I asked yesterday in office for a copy of the financial report, because we did not get it with the invitation to the AGM. 

They told me we can see this at the AGM . 

I answered that we can not check and approve this in some minutes. 

They promised to give me a copy next week, but i am sure they will not. 

 

I have all in all 5 Proxys for the AGM, which is at the 22. 4. 

There will be never 25% of the owners here. 

So there must be another one. 

Are this proxys valid for the 2nd AGM ???

2 hours ago, Chris Po said:

Are this proxys valid for the 2nd AGM ???

Good question. Some say yes and some say no. It seems to depend on whether they think the proxies will favour them or not.

I dont know the real answer.

On 4/5/2019 at 12:08 AM, KittenKong said:

Good question. Some say yes and some say no. It seems to depend on whether they think the proxies will favour them or not.

I dont know the real answer.

yes, i think the same 

On 4/5/2019 at 12:08 AM, KittenKong said:

Good question. Some say yes and some say no. It seems to depend on whether they think the proxies will favour them or not.

I dont know the real answer.

Perhaps it depends on the details on the proxy document; 

• 1. Maybe it's specific to a specific meeting on a stated date and specific to just one agenda item.
•   Or 
• 2. Maybe it's totally open for any date and any subject until withdrawn by the unit owner.

 

In either case I wonder what the law allows. My guess (repeat guess) is that example 1 above would be legal, surely here is no reason why it could be illegal.

 

But 2. above, I don't know if 'total open' would be legal.

 

Individual condos can possibly make some rules on this but there may also be national laws involved.  

On 4/4/2019 at 9:53 PM, Chris Po said:

I asked yesterday in office for a copy of the financial report, because we did not get it with the invitation to the AGM.

They told me we can see this at the AGM . 

This is not acceptable.

 

The Thai Condo Act require “reasonable details” (for the topics to be discussed) to be provided to the co-owners at least 7 days before the meeting.

 

Quite sure the financial report and budget is considered “reasonable details”.

 

Definitely pressure them on getting this information before the meeting!

On 12/3/2018 at 8:34 AM, KittenKong said:

If the number of committee members falls below 3, for any reason, then the Juristic Person Manager must call an EGM immediately. This is the law.

Hello , i just prepare our AGM , read the Condominium Act already twice, where do i find the "law", that they must call an EGM immediately ??

Thank you 

Chris 

On 4/4/2019 at 9:55 PM, Chris Po said:

I have all in all 5 Proxys for the AGM, which is at the 22. 4. 

There will be never 25% of the owners here. 

So there must be another one. 

Are this proxys valid for the 2nd AGM ???

I presume you know you are not permitted to hold i think more than 3 proxies. You will need to get them proxied to a like minded individual.

 

Section 47 of the Act.

i can give 2 to my wife, i know already about this. 

Is it 3 max per chanote?

Since nobody is doing anything, has the annual fee decreased?

On 4/15/2019 at 12:26 PM, Chris Po said:

Hello , i just prepare our AGM , read the Condominium Act already twice, where do i find the "law", that they must call an EGM immediately ??

The Condo Act covers it. You have to read between the lines.

Our AGM today : 

 

For we had no Committee anymore, the JPM runs the meeting . 

Not really he runs it, - the Translator  ( Russian / English )  runs the meeting, he said her works for the management company . 

 

I told them , regarding the Condominium Act , that this is not allowed.  

They answered that the owners will have a lot of questions, and they can answer them,….- and the owners agreed silent.  No one complains. 

 

We have about 550 Units,  there where about 60 owners here, but they told us that 46% of the owners attend the meeting, because there are many proxys out. 

So just every owner must have 3 proxys to vote, but of course they did not have. 

I asked them if they also count the unsold units, ….they said NO. 

 

The new Committee was elected, some agendas where to confirm , …..but in the end of the meeting we did not get the results. 

I asked about this, they told me that we get the results in about 2 weeks. 

 

Many owners had the same feeling :  This was not an honest AGM,….we got cheated.   But - nobody stands up and told them loud .  

20% where Russians, just nobody speaks english,.....some Thais where there, maybe 5 and the rest where Farangs like me,....many on a short holiday here, not really affected with the problems we have. 

 

Whats your opinion about this ? 

9 hours ago, Chris Po said:

Many owners had the same feeling :  This was not an honest AGM,….we got cheated.   But - nobody stands up and told them loud .  

That's the root of the problem.

 

At some point the money will run out and/or maintenance will cease completely, and at that point they may start complaining out loud. But it will be a bit late by then.

You are right, i can not understand so much stupidity .